Posted on 03/27/2002 12:18:42 PM PST by Tumbleweed_Connection
A lawsuit seeking reparations for all who can claim slave ancestry was filed in federal court in New York City Tuesday against the insurance company Aetna, the railroad company CSX Transportation Inc. and Fleet Financial Services, the parent of FleetBank.
However, the lawsuit also names more than 1,000 unidentified corporations that may have profited from slavery in the United States between 1619 and 1865.
"Slavery constituted an immoral and inhumane depravation of Africans' life, liberty, African citizenship rights and cultural heritage," the lawsuit, filed in U.S. District Court in Brooklyn, said. "It further deprived African Americans of the fruits of their own labor."
The lawsuit, initiated by Deadria Farmer-Paellmann of New York who said she went to law school for the purpose of researching and filing this lawsuit, seeks unspecified damages. Any funds won in the lawsuit would go toward a fund to improve education, health care and housing opportunities for blacks.
The lawsuit claimed that the nation's more than 34 million blacks are still suffering the effects of 250 years of slavery followed by 100 years of "institutionalized racism."
"Slavery was a tragic chapter in our nation's history; it is a history shared by every American, and its impacts cannot be attributed to any single company or industry," said CSX in a statement. "However, the lawsuit filed in federal court in New York City against CSX and other corporations demanding financial reparations is wholly without merit and should be dismissed."
The plaintiff's claim that CSX, through the railroad companies that is has acquired, used slave labor to clear areas and construct tracks on various rail lines.
The claimants named CSX because slave labor was used to construct portions of some U.S. rail lines under the political and legal system in place more than a century before CSX was formed in 1980.
"CSX was formed in 1980, and courtrooms are the wrong setting for this issue," the rail company said. "CSX is committed that its 35,000 employees of every age, gender, race and ethnic background have opportunities for satisfying work at competitive wages and benefits -- we will oppose the lawsuit vigorously to safeguard those jobs and services."
Aetna, a 150-year-old insurance company based in Hartford, Conn., is accused of benefiting from insuring slaves through life insurance policies.
"The policies were life insurance policies," Alfred R. Laberge told United Press International. "In the event of death, the policy paid the slaveholder."
Aetna said in a prepared statement: "We do not believe a court would permit a lawsuit over events which -- however regrettable -- occurred hundreds of years ago, and these issues in no way reflect Aetna today.
"Over the past 20 years, Aetna has invested more than $36 million in the African-American community, targeting such areas as education, health, economic development, community partnerships and minority-owned business initiatives."
Fleet Financial Services, based in Boston, had no comment on the lawsuit. The company dates back to 1784 and was chartered by a group led by Rhode Island merchant John Brown, who was a slave trader.
He is listed as an owner of several slave ships that bought Africans to Cuba and America in the 1700s, however, it's unclear whether there was a financial relationship between Brown's slave trade and the bank he founded, Providence Bank.
"Generally, claims are governed by statute of limitations of no more than three years and while there are exceptions, it would require legislative action to provide a window for plaintiffs to sue," Thomas Burton, a Buffalo, N.Y., trial attorney, told UPI. "This could open the flood gates for the Irish to sue against the Erie Canal, Chinese Americans to sue the railroads -- in short, I wouldn't bet in favor of their success."
Burton explained that the courts are wary of ruling on behavior from hundreds of years ago and that it's necessary in court to prove a direct harm to a person or dependent and that "it's pretty tough to do when dealing with ancestors."
While earlier slave reparations lawsuits have failed, those seeking reparations cite the government apology made to each Japanese-American who was forced into internment camps during World War II and who was paid $20,000. Some $8 billion was settled in the Holocaust lawsuits last year.
"In the end, the lawsuits may fail in court but companies may start initiating more money for minority scholarships, or hiring or community programs, in fact they may use these programs as part of their defense," a Democratic legislative counsel, who did not want to be identified, told UPI.
"The reparation issue is still being debated within the black community, because of the concern that it may perpetuate a feeling of victimization," Assemblyman Roger Green, a Democrat from New York City, who is the head of the state black, Puerto Rican and Hispanic legislative caucus, told UPI. "I want to go into a direction of reconciliation and atonement so we have an opportunity for closure."
And here: Slave Reparation Lawsuit Filed in NYC
On the bright side, this is ONE lawsuit that cannot name Microsoft (unless black slaves were forced to write Windows software in a non-competitive manner in the 1800's). BWAHAHA.Never underestimate a sleazy bottom feeding insect of a civil case plaintiff attorney. (okay, that was redundant).
They'll claim that Bill Gates's dad worked for a corporation that "benefitted" from slavery, allowing Bill to go to college and learn puter stuff and/or make contacts that helped him form Microsoft.
-Eric
Guess what....I'm black too!!!! I think when the $$$ start rolling, the US population will be 100% black.Hell with that, I'll stay Polish. We can sue the Mongols, Russians, Swedes, Germans, Austrians, Lithuanians, and whatever TV network ever told a Polish joke. >:)
-Eric
Hey, wait 'til those of us with American Indian (the correct term in Virginia) blood get in line...
For openers, there is no cause of action for the wrongs for which she claims compensation. Secondly, there is no statute of limitations that would allow a suit for damages sustained by people, everyone of whom has been dead for more than twenty-one years.
The Defendants should seek not only an immediate dismissal, but sanctions for a frivolous suit and for abuse of process. The underlying theory is itself absurd. Practically no one among us has a family history that is totally free from some form of involuntary service. Involuntary service has been the rule, not the exception, at some time or another among virtually every people on earth. In most cases, people have accepted their past--even drawn pride in accomplishing what they had to accomplish--and gotten over it. What would European civilization be, for example, if the descendants from serfs--most of the population--demanded compensation from the upper classes (some of whom are descended, themselves, from those in bondage to the Romans).
It is only one more example of the poor quality of American journalism and media news commentary, that this suit is pictured as anything other than the absurdity that it is. As it is, we will probably get some more of the same. (Not necessarily slave descendants suing old businesses, but perhaps those claiming ancient abuse as blue collar workers in old company towns; those claiming discrimination in college admissions; those claiming that some uncompensated wrong to their great-grandparents, has somehow kept them down ever since; or similar silly reflections of a Marxist view of reality.)
William Flax Return Of The Gods Web Site
Upon learning that her lawsuit was summarily dismissed with prejudice, Ms. Farmer-Paellman's only comment was: "DOH!"
I just love it when they see these things as equitable.
Well, then, I guess the joke's on Aetna. What did they expect, gratitude?
--Boris
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